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(영문) 부산지방법원 서부지원 2018.09.12 2018고단242

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On December 21, 2017, the Defendant driven the above cargo vehicle around 10:30 on December 21, 2017, and led to the intersection in front of the modern motor vehicle, which is located in the vicinity of the Gu office, to the intersection from the intersection of the Gu office to the intersection of the main line from the intersection of the Gu office, about 60km in speed.

At the same time, the signal is an intersection where the signal was installed, and thus, the driver has a duty of care to stop the cargo vehicle in accordance with the new code and not enter the intersection.

Nevertheless, the Defendant, by the negligence of entering the intersection as it is, was driven by the victim C (I am, 61) who is driven by the victim C (I am, 61) who is driven by the left turn from the intersection.

Ultimately, the Defendant suffered approximately six weeks of medical treatment from the above occupational negligence, 9,10, and 11 times of cage cages, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reporting of a traffic accident (1) and black images of damaged vehicles;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to one year) (any person who is in special sentencing) of the types of general traffic accidents, the scope of which is recommended according to the sentencing criteria, shall be limited to the general traffic accidents; and

2. The crime of this case by which a sentence is to be sentenced is committed under the unfavorable circumstances such as the fact that the defendant caused a traffic accident in violation of the intersection signal and the liability for the crime is not less severe, and the degree of injury of the victim is not less severe, and the defendant recognized the crime of this case and repents the mistake in depth, the defendant also suffers a serious injury in the accident of this case, the fact that he purchased a comprehensive insurance policy, and the first offender.